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Planning a Holiday Abroad After Separation? What Parents Need to Know

Jessica Bouwer 19th May 2026
Travelling abroad

Holidays can take a lot of organising when you’re parenting across two households, especially when going abroad. Flights are booked, cases are packed, and your child may already be counting down the days until take-off. But, for separated parents, travelling abroad can come with unexpected complications, often at the worst possible moment.  

Before you head to the airport 

You may be asked for proof that the other parent has agreed to the trip. Your surname may not match your child’s surname on their passport. Holiday plans may have changed since they were first discussed. In some situations, parents only discover there’s a problem when they’re already at the airport – or even when returning home after a holiday abroad. It’s not unheard of to encounter no issues on the outbound trip, but then do have a problem on the return leg.  

These situations can feel deeply stressful for everyone involved, particularly if children are caught in the middle of confusion they do not understand. A little extra preparation before you travel can help avoid unnecessary disruption and make things feel far more manageable.  

Do you need permission to take your child abroad?  

This is often the first question separated parents ask – and the answer depends on your circumstances. If your child arrangements are set out in a Child Arrangements Order stating that your child lives with you, you can usually take them abroad for up to 28 days without needing the other parent’s permission, unless the court order says otherwise.  

If no such order exists, and both parents have parental responsibility, you will usually need the other parent’s consent before taking your child abroad, no matter the length of the trip. Even where your ex-partner has agreed verbally, it can be helpful to have written confirmation of that agreement when travelling. Taking a child abroad without the necessary consent can be viewed very seriously. In some situations, it may be considered child abduction under UK law. If you are unsure whether permission is needed, seeking legal advice before making travel arrangements can help you understand your position clearly.  

Many parents are happy to agree to holidays abroad when plans are communicated clearly. Problems tend to arise when:   

  • plans are shared at the last minute   
  • one parent feels excluded from decisions   
  • travel details are vague   
  • there are wider tensions between parents  

Perhaps you are anxious about ‘asking permission’, particularly if communication has been strained or difficult in the past. Separated parents can feel concerned that it could create conflict or afraid the other parent will say no. Starting the conversation in plenty of time before the planned trip gives everyone more time to ask questions and helps to avoid misunderstandings.    

Share holiday plans early  

Even when both parents agree on principle, it helps to be clear about the practical details.  

This might include:  

  • Departure and return dates   
  • Destination   
  • Flight information (flight number and departure/arrival airports)   
  • Address where your child will be staying   
  • Who will be accompanying them   
  • Travel insurance in place   
  • Emergency contact details  

Sharing this information can reassure the other parent and help avoid misunderstandings. For many families, this is less about legal formalities and more about helping both parents feel informed and comfortable about the arrangements.  

It can also be helpful to agree in advance how you will handle communication during the trip – how often you will check in, how the other parent can reach your child and what to do in an emergency. This is not about establishing rules so much as offering reassurance. A parent who feels well-informed and able to stay in touch is far more likely to feel confident about the arrangements.  

What if your surname is different from your child’s?  

This catches many parents off guard. Different surnames are increasingly common after divorce, remarriage or indeed where parents have always used different surnames. It does not automatically create a problem – but it can sometimes lead to additional questions when travelling internationally.  

You may be asked to show documents that confirm your relationship to your child, such as:  

  • your child’s birth certificate   
  • a marriage certificate   
  • divorce documents 
  • a written consent letter from the other parent  

Requirements can vary depending on your destination, airline and border officials, so it’s worth checking well before you travel. Having documents ready may feel like an extra administrative task, but it can help avoid difficult conversations in an airport queue with tired children.  

Check passports and entry requirements carefully  

Travel requirements can change, and some issues have nothing to do with family law at all. It’s worth checking your destination’s entry requirements carefully before you leave. Passport expiry rules vary between countries, the age up to which someone is considered a child, some destinations require visas, and dual nationality can create additional complications. Some countries also have specific rules for children travelling with one parent. You can check many of these details with the embassy of the country in question – there is a list of embassy contact details on the gov.uk website.  

Check whether your child’s passport details are fully up to date – particularly if names have changed. It’s also worth being aware that a child’s passport cannot be renewed or amended without the consent of everyone with parental responsibility. If there’s a dispute about this, it can create its own complications – so it’s better to check well in advance rather than discover a problem close to your travel date.  

If your child holds dual nationality, double-check the entry and exit requirements for both countries. Some countries require their nationals to enter and leave on that country’s passport, regardless of what other documentation they hold. Border officials in some destinations may also ask additional questions if a child is travelling with only one parent, so having a consent letter, even where it is not strictly required, can help things move forward more smoothly.  

What if both parents cannot agree?  

This can feel upsetting, especially if your child is looking forward to the trip. Where possible, try to understand what is driving the concern. It may be anxiety about safety, communication while you are away or uncertainty about travel plans. If conversations feel difficult, mediation may help you reach an agreement. If an agreement cannot be reached, legal advice may help you understand your options. In some situations, an application to court may be necessary.  

Before making an application to court, you will usually be required to attend a Mediation Information and Assessment Meeting (MIAM). This is a short, confidential meeting with a trained family mediator, held separately from the other parent, which gives you the opportunity to explain your situation and find out whether mediation or another form of non-court resolution might help. A MIAM does not commit you to mediation. It is simply a required step in most circumstances before a court application can be made, and it can be a useful way of understanding your options before deciding how to proceed. In some situations – for example where there have been safety concerns or domestic abuse – exemptions may apply.  

If mediation is not appropriate or does not lead to an agreement, the court route remains available to you. One option is to apply for a Specific Issue Order. This is a court order that resolves a particular question about a child’s upbringing – in this context, whether a specific trip abroad can go ahead. The court will consider what is in the best interests of the child when making its decision, taking into account factors such as the purpose and duration of the trip, where the child would be staying, and what arrangements would be in place for the other parent to maintain contact while they are away.  

In some situations, where there are genuine concerns that a child may not be returned after travelling abroad, a Prohibited Steps Order can be sought instead – preventing a parent from taking the child out of the country without permission.  

These applications are not the right solution for every disagreement and they do take time. Where possible, reaching an agreement between yourselves – with or without the help of a family mediator – will almost always be quicker and less stressful for everyone, including your child. Every family dynamic is different, and advice tailored to your situation can make these decisions feel much clearer.  

Keep the focus on your child  

When travel disagreements happen, it can be very easy for frustration between parents to take over. Often children simply want reassurance that the adults around them are handling things calmly. Clear communication, proper planning and early conversations should help to make holidays feel exciting again – rather than stressful.  

At K J Smith Solicitors, we understand that parenting after separation often involves practical challenges that people do not always anticipate. Through our ecosystem of care, we can connect families with mediators and other professionals where additional support may help.  

If you are unsure about travelling abroad with your child after separation or are struggling to agree arrangements, you can arrange a free 45-minute consultation with our team.    

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